Memo

An act to repeal section 71-c of the navigation law relating to capacity plates

PURPOSE OF THE BILL:

The bill would repeal Navigation Law § 71-c, which establishes state capacity plate requirements that are now preempted by federal law.

SUMMARY OF PROVISIONS:

Section 1 of the bill would repeal Navigation Law § 71-c.

Section 2 of the bill would make the bill effective immediately.

EXISTING LAW:

Navigation Law § 71-c requires, among other things, manufacturers of any vessel that is less than 26 feet in length (including vessels manned by oar, but not sail) and manufactured after January 1, 1969, to attach a permanent capacity plate stating: (i) the total weight that the vessel can carry; (ii) the maximum number of persons it is recommended to carry; and (iii) in the case of vessels capable of mounting an outboard motor, the maximum engine horse power the vessel is designed to accommodate.

LEGISLATIVE HISTORY:

This is a new proposal.

STATEMENT IN SUPPORT:

Navigation Law § 71-c was enacted in 1968. Shortly thereafter, the Federal Motorboat Safety Act (46 use section 4306) took effect requiring that all vessels less than twenty feet in length, except sailboats, canoes, kayaks and inflatable boats, and manufactured after November 1, 1972 have a capacity plate as required by federal regulation which were subsequently adopted and codified in Title 33 CFR Part 183. The law also mandated that no state, or political subdivision of a state, may establish, continue, or enforce a law establishing another safety standard that is not identical to a regulation prescribed by the Motorboat Safety Act. See 46 use § 4302. Navigational Law § 71-c is not identical to federal regulation and law and is, thus, preempted.

BUDGET IMPLICATIONS:

None.

EFFECTIVE DATE:

The bill would be effective immediately upon enactment into law.

Text

STATE OF NEW YORK
________________________________________________________________________
6720
IN SENATE
March 13, 2012
___________

Introduced by Sen. LITTLE -- (at request of the Office of Parks, Recre-
ation and Historic Preservation) -- read twice and ordered printed,
and when printed to be committed to the Committee on Cultural Affairs,
Tourism, Parks and Recreation
AN ACT to repeal section 71-c of the navigation law relating to capacity
plates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 71-c of the navigation law is REPEALED.
S 2. This act shall take effect immediately.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14244-01-2

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